Episode Synopsis "12(b)(6) in Practice"

This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze and argue these motions in practice or on an exam.

Listen "12(b)(6) in Practice"

More episodes of the podcast Civil Procedure

• Discovery in Practice
• Judge Katharine Parker Interview (Rule 34 +)
• Claim and Issue Preclusion -- in 40 minutes
• Erie Doctrine in 40 Minutes
• Removal Jurisdiction in Practice
• Supplemental Jurisdiction in Practice
• Original Subject Matter Jurisdiction in Practice
• Venue (including transfers and forum non conveniens)
• Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice
• Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)
• Personal Jurisdiction in Context
• ADR
• Summary Judgment in Practice / Rule 56
• Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14
• Simple Joinder/Rules 18 and 20
• Rule 11 in Practice
• Answers/Rules 8(b) and 8(c)
• 12(b)(6) in Practice
• 12(b)(6) in Context
• Rule 68 / Offers of Judgment
• The Due Process Clause, in Practice
• Interview of Adam Sopko. Snap Removal.
• 12(b)(2) / Personal Jurisdiction in Practice
• Rule 15 Motion to Amend
• Remedies